Chapter 16.36
PLANNED UNIT DEVELOPMENTS
Sections:
16.36.010 Purpose of planned unit development regulations.
16.36.020 Development standards.
16.36.030 Owners’ or renters’ association.
16.36.060 Review and approval.
16.36.010 Purpose of planned unit development regulations.
The planned unit development concept is established to allow development of tracts of land that are large enough to allow creativity and flexibility to be exercised to a greater extent than is possible in a conventional subdivision setting. Deviation from specific site development standards is allowed provided that the general intent of the standards is met, and general provisions of this title and applicable zoning regulations are observed. The basis of this approach is to utilize the economy of shared services, encourage the grouping of compatible uses, and to take the highest advantage of the following:
A. Recognition and resolution of problems created by increasing population density;
B. A comprehensive approach to development which results in a better placement and use of buildings, open spaces, circulation and parking facilities, and other improvements than would result from a traditional subdivision approach;
C. Economic incentive which could encourage a developer to set aside increasing percentages of open space, or to develop recreation or other amenities to higher levels. (Ord. O-160-2000 Exh. A § 6.1, 2000)
16.36.020 Development standards.
A. Densities in a planned unit development may be in excess of the density specified in the zone in which the land is located as follows:
1. A five percent increase in density for an approved common open space program if it is to be maintained as undeveloped open space;
2. A ten (10) percent increase if the approved open space program is to be improved by the developer;
3. A fifteen (15) percent increase in density for distinctiveness and excellence in setting design, and landscaping, which will provide unusual enhancement to the development, and a perceivable benefit to the community as a whole;
4. The maximum allowable density increase is twenty-five (25) percent.
B. The planning commission may prohibit or limit any increase in density by the amount necessary to avoid undue burdens on public services, or if density increase would substantially reduce livability in the proposed development.
C. Construction of roads, placement of utilities and provisions of any amenities shall be provided in conformance with Chapters 16.28, 16.40 and 16.48 of this title unless such provisions are not applicable to the proposed development. (Ord. O-160-2000 Exh. A § 6.2, 2000)
16.36.030 Owners’ or renters’ association.
A tentative plan for a planned unit development shall be accompanied by a proposed owners’ or renters’ association agreement which shall address the following considerations:
A. Method for insuring adequate financial support for all common area and facilities;
B. Any and all provisions necessary to maintain the development as an asset to itself and the community;
C. Procedures for amendment for sufficient cause. Such amendments are reviewable by the planning commission. (Ord. O-160-2000 Exh. A § 6.3, 2000)
16.36.040 Tentative plan.
A tentative plan for a planned unit development shall:
A. Be prepared and reviewed in conformance with Sections 16.08.090, 16.16.010, 16.16.020, 16.20.010, 16.20.020, 16.20.030 and 16.20.040 of this title.
B. Contain information described in Sections 16.20.050 and 16.20.060 of this title.
C. Contain the following information concerning the proposed development:
1. A map to scale showing street systems, lot or partition lines and other divisions of land or management, use or allocation purposes;
2. Areas proposed to be conveyed, dedicated or reserved for public streets, parks, parkways, playgrounds, school sites, public buildings, and similar public and semi-public uses and facilities;
3. A plot plan for each building site and common open space area, showing the location of buildings, structures, and other improvements and indicating the open spaces around buildings and structures;
4. Elevation and perspective drawings of proposed structures, including tentative floor plans of proposed structures;
5. A development schedule indicating:
a. The approximate date when construction of the project can be expected to begin,
b. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin,
c. The anticipated rate of development,
d. The approximate dates when each stage in the development will be completed,
e. The area, location and degree of development of common open space that will be provided at each stage;
6. Agreements, provisions or covenants which govern the use, maintenance, financial support, and continued protection of the planned unit development and any of its common open space areas. (Ord. O-160-2000 Exh. A § 6.4, 2000)
16.36.050 Common open spaces.
A. An acceptable common open space program shall meet the following criteria:
1. There shall be fifteen (15) percent of the gross area of a proposed PUD reserved in common open space.
2. The location, size, and authorized uses are appropriate to the character of the proposed development.
3. Common open space shall be improved for the use intended, and shall be completed on a schedule coordinated with the residential construction in the development.
4. The developer shall post a bond or other approved assurance in accordance with Section 16.40.120 that any proposed improvements in the common open space will be completed within a specified period of time. The county shall release the bond or other assurance when the improvements have been completed according to the development plan.
B. Common open space shown on the final development plan shall be conveyed to an association of owners or tenants, created as a nonprofit corporation under the laws of the state. The association shall adopt and impose articles of incorporation and by-laws and impose a declaration of covenants and restrictions on the common open space that is acceptable to and approved by the county. Such an association shall be formed and continued for the purpose of maintaining the common open space and all improvements. Such provisions shall be set forth as a part of each sale, lease or rental contract or deed involving any lot, parcel, facility, component or interest in the subject of development.
C. No common open space may be put to a use not specified in the final development plan unless the final development plan is first amended to permit the use. However, no change of use may be authorized as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted are expressly reserved.
D. If the common open space is not conveyed to a public agency, the covenants governing the use, improvement and maintenance of the common open space shall authorize the county to enforce their provisions. (Ord. O-160-2000 Exh. A § 6.5, 2000)
16.36.060 Review and approval.
The planning commission shall review all PUD applications. Review and decision procedures by the planning department, planning commission, and county board of commissioners will be conducted in conformance with Chapters 16.08, 16.16, 16.20, 16.24, 16.28 and 16.40 of this title. (Ord. O-160-2000 Exh. A § 6.6, 2000)